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Abstracts and Biographies:
Workplace


Commercial Mediation

Joanne Staugas

It is often the level of commitment to the outcome of a project that bears on its success. Contractual arrangements define duties and obligations. It is each stakeholder's obligation and duty to perform in a balanced and informed way and assist in the successful completion of a project or the resolution of a dispute should it arise. Strategies for dispute prevention and an understanding of dispute management techniques should be considered at the outset. They will be influenced by principles of trust, openness and flexibility and clear communication.

This session will focus on strategies for dispute prevention and management and how they differ from the perspective of different parties to a contractual arrangement. Industry and the business community are developing and implementing codes of practice as a strategy for dispute prevention and management in various sectors, for example, the banking and finance sector, and the franchise industry. Many industries would benefit from the development of codes providing standards of conduct that require co-operative and conscionable behaviour (reflected in the provisions of the Trade Practices Act), thereby sharpening the focus on building better relationships and promoting openness in business dealings.

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Joanne Staugas is a partner of Finlaysons and practices in construction law and commercial dispute resolution. She has specialist expertise in engineering and building contracts and over 15 years experience in construction projects throughout Australia. She provides legal and strategic advice in "front end" contract negotiation and documentation, a practice she has developed out of extensive experience working with principals and major contractors in resolving construction disputes.
 

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This conference is sponsored by the World Mediation Forum, the University of South Australia, and the Hawke Institute.
Related sites: Ausdispute | Conflict Management Research Group | AAPAE Conference
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Updated 21 February 2003